new york city mayor michael bloomberg's plan approved by the board of health in september would put a 16 ounce limit on sugary drinks sold at restaurants, sports games, street carts and movie theaters. it's just one of his responses to the city's 24% obesity rate which result in $4.7 billion in annual health care cost 60% of which is paid by the city. >> our administration refuses to stand on the sidelines while millions of our fellow new yorkans struggle with the health implications of being overweight or obese. >> reporter: but the naacp says the mayor's approach is not right. >> the mayor sometimes decides that an issue that is important to him should just be this way ahis way or no way. >> the impression is you could be on the side of coca-cola and the american beverage association here. is that right? >> people can say what they want to. we are on the side of fairness. >> the lawsuit contends the sugary drink ban is unfair because it exempts supermarkets in many convenience stores while including most local neighborhood shops. why do you think the big chains are left out? >> they